A California federal judge on Wednesday dealt a substantial blow to online auto parts retailer Parts.com's trademark infringement campaign against search giants Google Inc. and Yahoo Inc. over sponsored advertisements, dismissing the retailer's lawsuit against Google completely and leaving intact only one claim in its suit against Yahoo.
In Dudenhoefer v. Fifth Third Bancorp, the solicitor general recently opined that only the presumption of prudence regarding employer stock being a proper legal standard for evaluating breach of fiduciary duty claims warrants the U.S. Supreme Court's review. Although presumably the high court will show deference to the solicitor general’s opinion, the high court should do just the opposite, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.
Although ASTM International has characterized its recently revised standard for phase 1 environmental site assessments as a clarification of its previous version, a number of these changes are substantive in nature and likely to increase the costs of phase 1 reports, says Larry Schnapf at Schnapf LLC.
A Georgia federal court recently ruled in Metro Brokers Inc. v. Transportation Insurance Co. that an all-risk insurance policy did not provide coverage for online fraudulent withdrawals from the company’s bank account. This decision offers guidance as to how a court may treat a policyholder’s claim under a traditional all-risk policy and the effect of broad computer fraud exclusions, says James Kitces at Robins Kaplan Miller & Ciresi LLP.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonene McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.
If it’s the holiday season — a time for charity and good deeds — it must also be the time for nonprofit scandals, mismanaged money and outright fraud. The United Way of America and Progressive Policy Institute cases offer many lessons that boards of charities should take to heart, says Terry Lenzner of Investigative Group International.
Pennsylvania’s House Bill 1620 may be the result of public perception that franchisees are powerless and need protecting. But for franchisors that have long fought to remove the concept of fiduciary duty from commercial contractual relationships, this legislation would appear to undo much of the common law that has developed over the last 20 years, says Theodore Pearce of Nexsen Pruet LLC.
Earlier this year, the Seventh Circuit found that the Clayton Act’s nationwide service-of-process and venue clauses must be read as an integrated whole — the third federal appeals court to reach this conclusion. The ruling may mark a tipping point, commanding influence within other circuits that have yet to decide whether the Clayton Act permits nationwide venue in antitrust cases, say Stephen Safranski and Mahesha Subbaraman of Robins Kaplan Miller & Ciresi LLP.
There is very little that unsecured creditors can do post-petition to increase recoveries on their prepetition claims. However, where an unsecured creditor continues to provide unique services that may not be readily available from another provider, the creditor might have leverage to insist on getting paid for its prepetition claim, says Steven Wilamowsky of Bingham McCutchen LLP.
The Patent Trial and Appeal Board will not institute an inter partes review unless the petition includes an identification of “each real party-in-interest” for the petition. Although the determination of whether a party is a real party-in-interest is a highly fact-specific inquiry, the U.S. Patent and Trademark Office's practice guide and related decisions provide some helpful guidance, say Michael Smith and Michael Twomey of WilmerHale.
The next few days of the Bali trade ministerial may very well determine whether the World Trade Organization can re-establish its relevance to the global trading system in addressing the rules of the evolving trading environment. Meanwhile, there has been an unfortunate erosion of transparency at the WTO, which is particularly problematic at this critical juncture, says Terence Stewart of the Law Offices of Stewart and Stewart.